College faculty job not arbitrable, court says

The Appeals Court ruled today that an arbitrator does not have the authority to challenge a college’s choice for a faculty appointment, even if the relevant collective bargaining agreement deems such issues subject to arbitration.

In Massachusetts Board of Higher Education/Holyoke Community College vs. Massachusetts Teachers Association, et al., (Lawyers Weekly No. 11-044-11)the court upheld a decision by Superior Court Judge Elizabeth M. Fahey who had vacated an arbitrator’s award ordering Holyoke Community College to appoint Elizabeth Hebert to an assistant professorship after school administrators had passed her over in favor of another candidate with lesser credentials.

“Put differently, whether a college administration erred in exercising its judgment as to which candidate was best qualified is not an arbitrable issue,” the court said.